Eliminating Female genital mutilation - An interagency statement OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO - the ...
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Eliminating Female genital mutilation An interagency statement OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO For more information, please contact: Department of Reproductive Health and Research World Health Organization Avenue Appia 20, CH-1211 Geneva 27 Switzerland Fax: +41 22 791 4171 E-mail: reproductivehealth@who.int www.who.int/reproductive-health ISBN 978 92 4 159644 2
Eliminating Female genital mutilation An interagency statement OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO
WHO Library Cataloguing-in-Publication Data Eliminating female genital mutilation: an interagency statement UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCHR, UNHCR, UNICEF, UNIFEM, WHO. 1.Circumcision, Female. 2.Clitoris - surgery. 3.Cultural characteristics. 4. International cooperation. I.World Health Organization. ISBN 978 92 4 159644 2 (NLM classification: WP 660) © World Health Organization 2008 All rights reserved. Publications of the World Health Organization can be obtained from WHO Press, World Health Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel.: +41 22 791 3264; fax: +41 22 791 4857; e-mail: bookorders@who.int). Requests for permission to reproduce or translate WHO publications – whether for sale or for noncommercial distribution – should be addressed to WHO Press, at the above address (fax: +41 22 791 4806; e-mail: permissions@who.int). The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent approximate border lines for which there may not yet be full agreement. The mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters. All reasonable precautions have been taken by the World Health Organization to verify the information contained in this publication. However, the published material is being distributed without warranty of any kind, either expressed or implied. The responsibility for the interpretation and use of the material lies with the reader. In no event shall the World Health Organization be liable for damages arising from its use. Printed in
Contents Eliminating female genital mutilation: the imperative 1 Why this new statement? 3 Female genital mutilation—what it is and why it continues 4 Female genital mutilation is a violation of human rights 8 Female genital mutilation has harmful consequences 11 Taking action for the complete elimination of female genital mutilation 13 Conclusion 21 Annex 1: Note on terminology 22 Annex 2: Note on the classification of female genital mutilation 23 Annex 3: Countries where female genital mutilation has been documented 29 Annex 4: International and regional human rights treaties and consensus documents providing protection and containing safeguards against female genital mutilation 31 Annex 5: Health complications of female genital mutilation 33 References 36
1 Eliminating Female Genital Mutilation Eliminating female genital mutilation: the imperative T he term ‘female genital mutilation’ (also called ‘female genital cutting’ and ‘female genital mutilation/cutting’) refers to all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. Between 100 and 140 million girls and women in the world are estimated to have undergone such procedures, and 3 million girls are estimated to be at risk of undergoing the procedures every year. Female genital mutilation has been reported to occur in all parts of the world, but it is most prevalent in: the western, eastern, and north-eastern regions of Africa, some countries in Asia and the Middle East and among certain immigrant communities in North America and Europe. Female genital mutilation has no known health benefits. On the contrary, it is known to be harmful to girls and women in many ways. First and foremost, it is painful and traumatic. The removal of or damage to healthy, normal genital tissue interferes with the natural functioning of the body and causes several immediate and long-term health consequences. For example, babies born to women who have undergone female genital mutilation suffer a higher rate of neonatal death compared with babies born to women who have not undergone the procedure. Communities that practise female genital mutilation report a variety of social and religious reasons for continuing with it. Seen from a human rights perspective, the practice reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. Female genital mutilation is nearly always carried out on minors and is therefore a violation of the rights of the child. The practice also violates the rights to health, security and physical integrity of the person, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death. Decades of prevention work undertaken by local communities, governments, and national and international organizations have contributed to a reduction in the prevalence of female genital mutilation in some areas. Communities that have employed a process of collective decision- making have been able to abandon the practice. Indeed, if the practising communities decide themselves to abandon female genital mutilation, the practice can be eliminated very rapidly. Several governments have passed laws against the practice, and where these laws have been complemented by culturally-sensitive education and public awareness-raising activities, the practice has declined. National and international organizations have played a key role in advocating against the practice and generating data that confirm its harmful consequences. The African Union’s Solemn Declaration on Gender Equality in Africa, and its Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa constitute a major contribution to the promotion of gender equality and the elimination of female genital mutilation.
2 Eliminating Female Genital Mutilation However, despite some successes, the overall rate of decline in the prevalence of female genital mutilation has been slow. It is therefore a global imperative to strengthen work for the elimination of this practice, which is essential for the achievement of many of the Millennium Development Goals. This Statement is a call to all States, international and national organizations, civil society and communities to uphold the rights of girls and women. It also call on those bodies and communities to develop, strengthen, and support specific and concrete actions directed towards ending female genital mutilation. On behalf of our respective agencies, we reaffirm our commitment to the elimination of female genital mutilation within a generation. Louise Arbour High Commissioner Thoraya A. Obaid Office of the United Nations High Commissioner Executive Director for Human Rights (OHCHR) United Nations Population Fund (UNFPA) Peter Piot António Guterres Executive Director High Commissioner for Refugees Joint United Nations Programme on HIV/AIDS (UNAIDS) United Nations High Commissioner for Refugees (UNHCR) Kemal Dervis Ann M. Veneman Administrator Executive Director United Nations Development Programme (UNDP) United Nations Children’s Fund (UNICEF) Abdoulie Janneh Joanne Sandler Under Secretary-General and Executive Secretary Executive Director, a.i United Nations Economic Commission for Africa (ECA) United Nations Development Fund for Women (UNIFEM) Koïchiro Matsuura Director-General Margaret Chan United Nations Educational, Scientific Director-General and Cultural Organization (UNESCO) World Health Organization (WHO)
3 Eliminating Female Genital Mutilation Why this new statement? In 1997, the World Health Organization (WHO), the of the human rights and legal dimensions of United Nations Children’s Fund (UNICEF) and the the problem and provides current data on United Nations Population Fund (UNFPA) issued the prevalence of female genital mutilation. It a Joint Statement on Female Genital Mutilation summarizes findings from research on the reasons (WHO, UNICEF, UNFPA, 1997) which described why the practice continues, highlighting that the the implications of the practice for public health practice is a social convention which can only be and human rights and declared support for its changed through coordinated collective action by abandonment. practising communities. It also summarizes recent research on its damaging effects on the health Since then, much effort has been made to of women, girls and newborn babies. Drawing on counteract female genital mutilation, through experience from interventions in many countries, research to generate further evidence on which the new statement describes the elements needed, to base interventions, through working with for both working towards complete abandonment communities, through advocacy and by passing of female genital mutilation, and caring for those laws. Progress has been made at both international who have suffered, and continue to suffer, from its and local levels. More United Nations agencies are consequences. involved; human rights treaty monitoring bodies and international resolutions have condemned the Note on terminology practice; legal frameworks have improved in many The term ‘female genital mutilation’ is used in this countries; and political support for ending female Statement as it was in the 1997 Joint Statement. genital mutilation is growing. Most significantly, in The word ‘mutilation’ emphasizes the gravity of the some countries the prevalence of female genital act. Some United Nations agencies use the term mutilation has declined, and an increasing number ‘female genital mutilation/cutting’ wherein the of women and men in practising communities are additional term ‘cutting’ is intended to reflect the declaring their support for its abandonment. importance of using non-judgemental terminology with practising communities. Both terms In spite of these positive signs, prevalence in many emphasize the fact that the practice is a violation areas remains high and there is an urgent need of girls’ and women’s human rights. For further to intensify, expand and improve efforts if female explanation on this terminology, see Annex 1. genital mutilation is to be eliminated within one generation. To reach this goal, both increased resources and coordination and cooperation are needed. This new Interagency Statement is written and signed by a wider group of United Nations agencies than the previous one, to support advocacy for the abandonment of female genital mutilation. It is based on new evidence and lessons learnt over the past decade. It highlights the wide recognition
4 Eliminating Female Genital Mutilation Female genital mutilation—what it is and why it continues Female genital mutilation comprises all procedures How widely it is practiced involving partial or total removal of the external WHO estimates that between 100 and 140 million female genitalia or other injury to the female genital girls and women worldwide have been subjected organs for non-medical reasons (WHO, UNICEF, to one of the first three types of female genital UNFPA, 1997). mutilation (WHO, 2000a). Estimates based on the most recent prevalence data indicate that 91,5 The WHO/UNICEF/UNFPA Joint Statement million girls and women above 9 years old in Africa classified female genital mutilation into four types. are currently living with the consequences of female Experience with using this classification over the genital mutilation (Yoder and Khan, 2007). There past decade has brought to light some ambiguities. are an estimated 3 million girls in Africa at risk of The present classification therefore incorporates undergoing female genital mutilation every year modifications to accommodate concerns and (Yoder et al., 2004). shortcomings, while maintaining the four types (see Annex 2 for a detailed explanation and Types I, II and III female genital mutilation have been proposed sub-divisions of types). documented in 28 countries in Africa and in a few countries in Asia and the Middle East (see Annex 3). Classification Some forms of female genital mutilation have also been reported from other countries, including among Type I: Partial or total removal of the clitoris and/or certain ethnic groups in Central and South America. the prepuce (clitoridectomy). Growing migration has increased the number of girls Type II: Partial or total removal of the clitoris and and women living outside their country of origin who the labia minora, with or without excision of the have undergone female genital mutilation (Yoder et labia majora (excision). al., 2004) or who may be at risk of being subjected to Type III: Narrowing of the vaginal orifice with the practice. creation of a covering seal by cutting and appositioning the labia minora and/or the labia The prevalence of female genital mutilation has been majora, with or without excision of the clitoris estimated from large-scale, national surveys asking (infibulation). women aged 15-49 years if they have themselves Type IV: All other harmful procedures to the been cut. The prevalence varies considerably, both female genitalia for non-medical purposes, for between and within regions and countries (see example: pricking, piercing, incising, scraping and Figure 1 and Annex 3), with ethnicity as the most cauterization. decisive factor. In seven countries the national prevalence is almost universal, (more than 85%); Female genital mutilation is mostly carried out four countries have high prevalence (60-85%); on girls between the ages of 0 and 15 years. medium prevalence (30-40%) is found in seven However, occasionally, adult and married women countries, and low prevalence, ranging from 0.6% are also subjected to the procedure. The age at to 28.2%, is found in the remaining nine countries. which female genital mutilation is performed varies However, national averages (see Annex 3) hide the with local traditions and circumstances, but is often marked variation in prevalence in different decreasing in some countries (UNICEF, 2005a). parts of most countries (see Figure 1).
5 Eliminating Female Genital Mutilation Figure 1. Prevalence of female genital mutilation in Africa and Yemen (women aged 15–49) The map shows the areas were FGM is practised, and since that can vary markedly in different parts of any country, no national boundaries are shown. Data at the sub-national level are not available for Zambia. Due to a discrepancy between the regional divisions used by DHS and the one adopted by DevInfo, it was not possible to include data at the sub-national level for Yemen. Less than 10% 10.1% – 25% 25.1% – 50% 50.1% – 75% 75.1% or more Sources: MICS, DHS and other national surveys, 1997–2006 missing data or FGM not widely practiced Map developed by UNICEF, 2007 The type of procedure performed also varies, Where female genital mutilation is widely practised, mainly with ethnicity. Current estimates indicate it is supported by both men and women, usually that around 90% of female genital mutilation cases without question, and anyone departing from the include Types I or II and cases where girls’ genitals norm may face condemnation, harassment, and were ‘nicked’ but no flesh removed (Type IV), and ostracism. As such, female genital mutilation is about 10% are Type III (Yoder and Khan, 2007). a social convention governed by rewards and punishments which are a powerful force for continuing the practice. In view of this conventional Why the practice continues nature of female genital mutilation, it is difficult In every society in which it is practised, female for families to abandon the practice without genital mutilation is a manifestation of gender support from the wider community. In fact, it is inequality that is deeply entrenched in social, often practised even when it is known to inflict economic and political structures. Like the now- harm upon girls because the perceived social abandoned foot-binding in China and the practice of benefits of the practice are deemed higher than its dowry and child marriage, female genital mutilation disadvantages (UNICEF, 2005a). represents society’s control over women. Such practices have the effect of perpetuating normative Members of the extended family are usually gender roles that are unequal and harm women. involved in decision-making about female genital Analysis of international health data shows a close mutilation, although women are usually responsible link between women’s ability to exercise control for the practical arrangements for the ceremony. over their lives and their belief that female genital Female genital mutilation is considered necessary mutilation should be ended (UNICEF, 2005b).
6 Eliminating Female Genital Mutilation to raise a girl properly and to prepare her for thereby ensuring marital fidelity and preventing adulthood and marriage (Yoder et al., 1999; sexual behaviour that is considered deviant and Ahmadu, 2000; Hernlund, 2003; Dellenborg, immoral (Ahmadu, 2000; Hernlund, 2000, 2003; 2004). In some societies, the practice is embedded Abusharaf, 2001; Gruenbaum, 2006). Female in coming-of-age rituals, sometimes for entry into genital mutilation is also considered to make girls women’s secret societies, which are considered ‘clean’ and beautiful. Removal of genital parts necessary for girls to become adult and responsible is thought of as eliminating ‘masculine’ parts members of the society (Ahmadu, 2000; Hernlund, such as the clitoris (Talle, 1993; Ahmadu, 2000; 2003; Behrendt, 2005; Johnson, 2007). Girls Johansen, 2007), or in the case of infibulation, to themselves may desire to undergo the procedure achieve smoothness considered to be beautiful as a result of social pressure from peers and (Talle, 1993; Gruenbaum, 2006). A belief because of fear of stigmatization and rejection by sometimes expressed by women is that female their communities if they do not follow the tradition. genital mutilation enhances men’s sexual pleasure Also, in some places, girls who undergo the (Almroth-Berggren et al., 2001). procedure are given rewards such as celebrations, public recognition and gifts (Behrendt, 2005; In many communities, the practice may also UNICEF, 2005a). Thus, in cultures where it is be upheld by beliefs associated with religion widely practised, female genital mutilation has (Budiharsana, 2004; Dellenborg, 2004; become an important part of the cultural identity Gruenbaum, 2006; Clarence-Smith, 2007; Abdi, of girls and women and may also impart a sense of 2007; Johnson, 2007). Even though the practice pride, a coming of age and a feeling of community can be found among Christians, Jews and Muslims, membership. none of the holy texts of any of these religions prescribes female genital mutilation and the There is often an expectation that men will marry practice pre-dates both Christianity and Islam only women who have undergone the practice. (WHO, 1996a; WHO and UNFPA, 2006). The role The desire for a proper marriage, which is often of religious leaders varies. Those who support the essential for economic and social security as well practice tend either to consider it a religious act, as for fulfilling local ideals of womanhood and or to see efforts aimed at eliminating the practice femininity, may account for the persistence of the as a threat to culture and religion. Other religious practice. leaders support and participate in efforts to eliminate the practice. When religious leaders are Some of the other justifications offered for unclear or avoid the issue, they may be perceived female genital mutilation are also linked to as being in favour of female genital mutilation. girls’ marriageability and are consistent with the characteristics considered necessary for The practice of female genital mutilation is often a woman to become a ‘proper’ wife. It is often upheld by local structures of power and authority believed that the practice ensures and preserves such as traditional leaders, religious leaders, a girl’s or woman’s virginity (Talle, 1993, 2007; circumcisers, elders, and even some medical Berggren et al., 2006; Gruenbaum, 2006). In some personnel. Indeed, there is evidence of an increase communities, it is thought to restrain sexual desire, in the performance of female genital mutilation by
7 Eliminating Female Genital Mutilation medical personnel (see box ‘Health professionals in adult women (Berggren et al., 2006). In periods must never perform female genital mutilation’, of change, female genital mutilation can give rise page 12). In many societies, older women who to discussions and disagreement, and there are have themselves been mutilated often become cases in which some family members, against gatekeepers of the practice, seeing it as essential the will of others, have organized the procedure to the identity of women and girls. This is probably (Draege, 2007). Furthermore, both individuals one reason why women, and more often older and communities can change ideas and opinions women, are more likely to support the practice, several times (Nypan, 1991; Shell-Duncan and and tend to see efforts to combat the practice as Hernlund, 2006). Decision-making is complex and, an attack on their identity and culture (Toubia and to ensure that families who wish to abandon the Sharief, 2003; Draege, 2007; Johnson, 2007). It practice can make and sustain their decision so should be noted that some of these actors also play that the rights of girls are upheld, a wide group of a key role in efforts to eliminate the practice. people have to come to agreement about ending the practice (see section on ‘Taking action for the complete elimination of female genital mutilation’, Female genital mutilation is sometimes adopted page 13). by new groups and in new areas after migration and displacement (Abusharaf, 2005, 2007). Other communities have been influenced to adopt the practice by neighbouring groups (Leonard, 2000; Dellenborg, 2004) and sometimes in religious or traditional revival movements (Nypan, 1991). Preservation of ethnic identity to mark a distinction from other, non-practising groups might also be important, particularly in periods of intensive social change. For example, female genital mutilation is practised by immigrant communities living in countries that have no tradition of the practice (Dembour, 2001; Johansen, 2002, 2007; Johnson, 2007). Female genital mutilation is also occasionally performed on women and their children from non-practising groups when they marry into groups in which female genital mutilation is widely practised (Shell-Duncan and Hernlund, 2006). Decisions to perform female genital mutilation on girls involve a wide group of people who may have different opinions and varying degrees of influence (Shell-Duncan and Hernlund, 2006; Draege, 2007). This is even true for the practice of reinfibulation
8 Eliminating Female Genital Mutilation Female genital mutilation is a violation of human rights Female genital mutilation of any type has been The Committee on the Elimination of All Forms recognized as a harmful practice and a violation of Discrimination against Women, the Committee of the human rights of girls and women. Human on the Rights of the Child and the Human Rights rights—civil, cultural, economic, political and Committee have been active in condemning the social—are codified in several international practice and recommending measures to combat and regional treaties. The legal regime is it, including the criminalization of the practice. complemented by a series of political consensus The Committee on the Elimination of All Forms of documents, such as those resulting from the United Discrimination against Women issued its General Nations world conferences and summits, which Recommendation on Female Circumcision (General reaffirm human rights and call upon governments Recommendation No 14) that calls upon states to strive for their full respect, protection and to take appropriate and effective measures with fulfilment. a view to eradicating the practice and requests them to provide information about measures being taken to eliminate female genital mutilation in Many of the United Nations human rights treaty their reports to the Committee (Committee on the monitoring bodies have addressed female genital Elimination of All Forms of Discrimination against mutilation in their concluding observations on Women, 1990). how States are meeting their treaty obligations. International and regional sources of human rights Strong support for the protection of the rights of women and girls to abandon female genital mutilation is found in international and regional human rights treaties and consensus documents. These include, among others: International treaties • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment • Covenant on Civil and Political Rights • Covenant on Economic, Social and Cultural Rights • Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) • Convention on the Rights of the Child • Convention relating to the Status of Refugees and its Protocol relating to the Status of Refugees Regional treaties • African Charter on Human and Peoples’ Rights (the Banjul Charter) and its Protocol on the Rights of Women in Africa • African Charter on the Rights and Welfare of the Child • European Convention for the Protection of Human Rights and Fundamental Freedoms Consensus documents • Beijing Declaration and Platform for Action of the Fourth World Conference on Women • General Assembly Declaration on the Elimination of Violence against Women • Programme of Action of the International Conference on Population and Development (ICPD) • UNESCO Universal Declaration on Cultural Diversity • United Nations Economic and Social Council (ECOSOC), Commission on the Status of Women. Resolution on Ending Female Genital Mutilation. E/CN.6/2007/L.3/Rev.1. (See Annex 4 for full details of treaties and consensus documents).
9 Eliminating Female Genital Mutilation Human rights violated by female right to freedom from torture or cruel, inhuman genital mutilation or degrading treatment or punishment as well as the rights identified below. As it interferes with Female genital mutilation violates a series of well- healthy genital tissue in the absence of medical established human rights principles, norms and necessity and can lead to severe consequences standards, including the principles of equality and for a woman’s physical and mental health, female non-discrimination on the basis of sex, the right to genital mutilation is a violation of a person’s right life when the procedure results in death, and the to the highest attainable standard of health. The rights of the child Because of children’s vulnerability and their need for care and support, human rights law grants them special protection. One of the guiding principles of the Convention on the Rights of the Child is the primary consideration of ‘the best interests of the child’. Parents who take the decision to submit their daughters to female genital mutilation perceive that the benefits to be gained from this procedure outweigh the risks involved. However, this perception cannot justify a permanent and potentially life-changing practice that constitutes a violation of girls’ fundamental human rights. The Convention on the Rights of the Child refers to the evolving capacity of children to make decisions regarding matters that affect them. However, for female genital mutilation, even in cases where there is an apparent agreement or desire by girls to undergo the procedure, in reality it is the result of social pres- sure and community expectations and stems from the girls’ aspiration to be accepted as full members of the community. That is why a girl’s decision to undergo female genital mutilation cannot be called free, informed or free of coercion. Legal instruments for the protection of children’s rights specifically call for the abolition of traditional practices prejudicial to their health and lives. The Convention on the Rights of the Child makes explicit reference to harmful traditional practices and the Committee on the Rights of the Child, as well as other United Nations Human Rights Treaty Monitoring Bodies, have frequently raised female genital mutilation as a violation of human rights, calling upon State Parties to take all effective and appropriate measures to abolish the practice.
10 Eliminating Female Genital Mutilation Female genital mutilation has been recognized as The right to participate in cultural life and freedom discrimination based on sex because it is rooted in of religion are protected by international law. gender inequalities and power imbalances between However, international law stipulates that freedom men and women and inhibits women’s full and to manifest one’s religion or beliefs might be equal enjoyment of their human rights. It is a form subject to limitations necessary to protect the of violence against girls and women, with physical fundamental rights and freedoms of others. and psychological consequences. Female genital Therefore, social and cultural claims cannot mutilation deprives girls and women from making be evoked to justify female genital mutilation an independent decision about an intervention that (International Covenant on Civil and Political Rights, has a lasting effect on their bodies and infringes on Article 18.3; UNESCO, 2001, Article 4). their autonomy and control over their lives.
11 Eliminating Female Genital Mutilation Female genital mutilation has harmful consequences Female genital mutilation is associated with a A striking new finding from the study is that genital series of health risks and consequences. Almost mutilation of mothers has negative effects on all those who have undergone female genital their newborn babies. Most seriously, death rates mutilation experience pain and bleeding as a among babies during and immediately after birth consequence of the procedure. The intervention were higher for those born to mothers who had itself is traumatic as girls are usually physically undergone genital mutilation compared to those held down during the procedure (Chalmers who had not: 15% higher for those whose mothers and Hashi, 2000; Talle, 2007). Those who are had Type I, 32% higher for those with Type II infibulated often have their legs bound together and 55% higher for those with Type III genital for several days or weeks thereafter (Talle, 1993). mutilation. It was estimated that, at the study sites, Other physical and psychological health problems an additional one to two babies per 100 deliveries occur with varying frequency. Generally, the risks die as a result of female genital mutilation. and complications associated with Types I, II and III are similar, but they tend to be significantly The consequences of genital mutilation for most more severe and prevalent the more extensive women who deliver outside the hospital setting the procedure. Immediate consequences, such are expected to be even more severe (WHO Study as infections, are usually only documented when Group on Female Genital Mutilation and Obstetric women seek hospital treatment. Therefore, the Outcome, 2006). The high incidence of post- true extent of immediate complications is unknown partum haemorrhage, a life-threatening condition, (Obermeyer, 2005). Long-term consequences can is of particular concern where health services are include chronic pain, infections, decreased sexual weak or women cannot easily access them. enjoyment, and psychological consequences, such as post-traumatic stress disorder. (See Annex 5 for Note details of the main health risks and consequences). In contrast to female genital mutilation, male circumcision has significant health benefits that Dangers for childbirth outweigh the very low risk of complications when performed by adequately-equipped and well- Findings from a WHO multi-country study in which trained providers in hygienic settings Circumcision more than 28,000 women participated, confirm has been shown to lower men’s risk for HIV that women who had undergone genital mutilation acquisition by about 60% (Auvert et al., 2005; had significantly increased risks for adverse Bailey et al., 2007; Gray et al., 2007) and is now events during childbirth. Higher incidences of recognized as an additional intervention to reduce caesarean section and post-partum haemorrhage infection in men in settings where there is a high were found in the women with Type I, II and III prevalence of HIV (UNAIDS, 2007). genital mutilation compared to those who had not undergone genital mutilation, and the risk increased with the severity of the procedure (WHO Study Group on Female Genital Mutilation and Obstetric Outcome, 2006).
12 Eliminating Female Genital Mutilation Health professionals must never perform female genital mutilation “It is the mission of the physician to safeguard the health of the people.” World Medical Association Declaration of Helsinki, 1964 Trained health professionals who perform female genital mutilation are violating girls’ and women’s right to life, right to physical integrity, and right to health. They are also violating the fundamental medical ethic to ‘Do no harm’. Yet, medical professionals have performed and continue to perform female genital mutilation (UNICEF, 2005a). Studies have found that, in some countries, one-third or more of women had their daughter subjected to the practice by a trained health professional (Satti et al., 2006). Evidence also shows that the trend is increasing in a number of countries (Yoder et al., 2004). In addition, female genital mutilation in the form of reinfibulation has been documented as being performed as a routine procedure after childbirth in some countries (Almroth-Berggren et al., 2001; Berggren et al., 2004, 2006). Among groups that have immigrated to Europe and North America, reports indicate that reinfibu- lation is occasionally performed even where it is prohibited by law (Vangen et al., 2004). A range of factors can motivate medical professionals to perform female genital mutilation, including prospects of economic gain, pressure and a sense of duty to serve community requests (Berggren et al., 2004; Christoffersen-Deb, 2005). In countries where groups that practise female genital mutilation have emigrated, some medical personnel misuse the principles of human rights and perform reinfibulation in the name of upholding what they perceive is the patient’s culture and the right of the patient to choose medical procedures, even in cases where the patient did not request it (Vangen et al., 2004; Thierfelder et al., 2005; Johansen, 2006a) Some medical professionals, nongovernmental organizations, government officials and others consider medicalization as a harm-reduction strategy and support the notion that when the procedure is per- formed by a trained health professional, some of the immediate risks may be reduced (Shell-Duncan, 2001; Christoffersen-Deb, 2005). However, even when carried out by trained professionals, the pro- cedure is not necessarily less severe, or conditions sanitary. Moreover, there is no evidence that medi- calization reduces the documented obstetric or other long-term complications associated with female genital mutilation. Some have argued that medicalization is a useful or necessary first step towards total abandonment, but there is no documented evidence to support this. There are serious risks associated with medicalization of female genital mutilation. Its performance by medical personnel may wrongly legitimize the practice as medically sound or beneficial for girls and women’s health. It can also further institutionalize the procedure as medical personnel often hold power, authority, and respect in society (Budiharsana, 2004). Medical licensing authorities and professional associations have joined the United Nations organizations in condemning actions to medicalize female genital mutilation. The International Federation of Gynecol- ogy and Obstetrics (FIGO) passed a resolution in 1994 at its General Assembly opposing the perfor- mance of female genital mutilation by obstetricians and gynaecologists, including a recommendation to “oppose any attempt to medicalize the procedure or to allow its performance, under any circumstances, in health establishments or by health professionals” (International Federation of Gynecology and Obstet- rics, 1994).
13 Eliminating Female Genital Mutilation Taking action for the complete elimination of female genital mutilation Action taken at international, regional and national • Sustained: As behaviour change is complex, levels over the past decade or more has begun to sustained action is essential to have a lasting bear fruit. Increasing numbers of women and men impact. Although change may occur rapidly, the from practising groups have declared support for process leading to change can be slow and long. discontinuing the practice and, in some areas, • Community- led: Programmes that are led the prevalence of female genital mutilation has by communities are, by nature, participatory decreased. The reduction in prevalence is not, and generally guide communities to define however, as substantial as hoped for. Therefore, the problems and solutions themselves. it is vital that the work against female genital Programmes that have demonstrated success mutilation be intensified to more effectively in promoting abandonment of female genital counteract the underlying reasons behind mutilation on a large scale build on human continuation of the practice. rights and gender equality and are non- judgmental and non-coercive. They focus on Bringing an end to female genital mutilation encouraging a collective choice to abandon requires a broad-based, long-term commitment. female genital mutilation. Experience over the past two or three decades has shown that there are no quick or easy solutions. The elimination of female genital mutilation A process of positive social requires a strong foundation that can support change at community level successful behaviour change and address the New insights from social science theory and the core values and enforcement mechanisms that analysis of programme experiences indicate that support the practice (WHO, 1999; UNICEF, 2005a; abandonment of female genital mutilation on a Population Reference Bureau, 2006; Donor large scale results from a process of positive social Working Group, 2007). Even though there have change (Mackie, 2000; Yount, 2002; Hayford, been few systematic evaluations of the many 2005; Shell-Duncan and Hernlund, 2006). The programmes being run by nongovernmental conventional nature of the practice requires a organizations, governments and others, there significant number of families within a community are reviews that provide some overall lessons to make a collective, coordinated choice to (WHO, 1999; Population Reference Bureau, 2001, abandon the practice so that no single girl or family 2006; UNICEF, 2005a, 2005b; UNFPA, 2007c). is disadvantaged by the decision (UNICEF, 2005b). Key among these lessons is that actions and The decision to abandon must be collective and interventions must be: explicit so that each family will have the confidence • Multisectoral: Concerted action from many that others are also abandoning the practice. The sides and at different levels is needed, from decision must be widespread within the practising local to global and involving sectors such community in order to be sustained. In effect, it will as education, finance, justice, and women’s bring into place a new social norm that ensures the affairs as well as the health sector; and many marriageability of daughters and the social status different kinds of actors must be engaged, of families that do not cut their girls; a social norm from community groups and nongovernmental that does not harm girls or violate their rights. organizations including health professional groups and human rights groups to governments and international agencies.
14 Eliminating Female Genital Mutilation Programmes that include ‘empowering’ education, methods, such as computer-based applications and discussion and debate, public pledges and mobile phone messages. organized diffusion have been shown to bring about the necessary consensus and coordination for the Educational activities must be sensitive to local sustained abandonment of female genital mutilation cultural and religious concerns or run the risk at community level. The activities encourage that the information provided will be regarded as communities to raise problems and define solutions morally offensive and result in negative reactions themselves regarding a variety of concerns, in communities. Information provided should be including sensitive ones such as female genital based on evidence, but at the same time build on mutilation, without feeling coerced or judged. local perceptions and knowledge. Community- Different methods can be used to create a space for based educational activities can also build on open and reflective dialogue, including intercultural and expand their work with the mass media such dialogue that investigates cultural variations within as drama, video and local radio. ‘Champions’ and between communities as well as aspects of against female genital mutilation, such as public cultural change. Such methods have shown to be personalities, can also be used to relay information particularly effective when they raise and stimulate and messages about female genital mutilation discussion on human rights principles. Programmes (Population Reference Bureau, 2006). using these elements and principles have demonstrated a significant reduction in prevalence As female genital mutilation is a manifestation seven years after the original programmatic of gender inequality, a special focus on women’s intervention (Ndiaye et al., in press). empowerment is important (see box below). However, educational activities must reach all Empowering education helps people to examine groups in the community with the same basic their own beliefs and values related to the practice information to avoid misunderstandings and to in a dynamic and open way, that is not experienced inspire inter-group dialogue. The format must be or seen as threatening. Educational sessions will adapted so as to suit the realities of each specific be empowering if they serve not only to impart group. It is also important to include young people new knowledge but also to provide a forum for - both girls and boys - as they are often more participants to exchange experiences, and help open to change, and can themselves be important them reveal and share complex inner feelings change agents. and examine conflicting attitudes towards female genital mutilation in the community Empowering Schools can offer a forum for learning and education can be undertaken through various discussion about female genital mutilation if they forms of training, including literacy training, can create an environment of confidence, trust analytical skills and problem-solving as well as and openness. Artists and others who provide through the provision of information on human positive role models can be brought into schools, rights, religion, general health and sexual and and materials can be developed for teachers and reproductive health. Classes and workshops integrated into school curricula and teacher training can include the use of traditional means of on subjects such as science, biology and hygiene communication such as theatre, poetry, story as well as those in which religious, gender and telling, music and dance, as well as more modern other social issues are addressed (UNICEF, 2005b).
15 Eliminating Female Genital Mutilation Nevertheless, schools may not always be the ideal value of women in the community, thus fostering setting for learning about sensitive and intimate their active contribution to decision-making and issues and, as many girls and boys are not enrolled enhancing their ability to discontinue the practice. in school, other outreach activities for young people Intergenerational dialogue is another example in are needed. As it is advisable to reach all groups which communication between groups that rarely of the community with the same basic information, discuss such issues on an egalitarian basis is all forms and spaces of learning, including encouraged (GTZ, 2005). Most importantly, such intergenerational dialogue should be explored when public discussions can stimulate discussions in designing initiatives to address female genital the private, family setting where decisions about mutilation. genital mutilation of girl children are made by parents and other family members (Draege, 2007). To reach the collective, coordinated choice necessary for sustained abandonment of female The collective, coordinated choice by a practicing genital mutilation, communities must have group to abandon female genital mutilation should the opportunity to discuss and reflect on new be made visible or explicit through a public pledge knowledge in public. Such public dialogue so that it can be trusted by all concerned. Indeed, provides opportunities to increase awareness many of the approaches adopted by community- and understanding by the community as a whole based initiatives lead towards a public declaration on women’s human rights and on national and of social change (WHO, 1999; Population international legal instruments on female genital Reference Bureau, 2001, 2006). This creates the mutilation. This dialogue and debate among confidence needed by individuals who intend to women, men and community leaders often focuses stop the practice to actually do so and is therefore on women’s rights, health, and female genital a key step in the process of real and sustained mutilation, and brings about recognition of the change in communities. Empowerment of women As female genital mutilation is a manifestation of gender inequality, the empowerment of women is of key importance to the elimination of the practice. Addressing this through education and debate brings to the fore the human rights of girls and women and the differential treatment of boys and girls with regard to their roles in society in general, and specifically with respect to female genital mutilation. This can serve to influence gender relations and thus accelerate progress in abandonment of the practice (WHO, 2000b; Population Reference Bureau, 2001, 2006; UNICEF, 2005b; UNFPA, 2007a). Programmes which foster women’s economic empowerment are likely to contribute to progress as they can provide incentives to change the patterns of traditional behaviour to which a woman is bound as a dependent member of the household, or where women are loosing traditional access to economic gain and its associated power. Gainful employment empowers women in various spheres of their lives, influencing sexual and reproductive health choices, education and healthy behaviour (UNFPA, 2007a).
16 Eliminating Female Genital Mutilation Different mechanisms have been used to make passing information and engaging in discussion public the pledge to abandon the practice. In some with influential members of other communities that contexts, public pledges have taken the form of are part of the same social network. Through a written declarations, publicly posted, which are strategy of organized diffusion, communities that signed by those who have decided to abandon are abandoning the practice engage others to do female genital mutilation. In West Africa, pledges the same, thereby increasing the consensus and are typically made in the form of inter-village sustainability of the new social norm that rejects declarations involving as many as 100 villages female genital mutilation. at a time. These are festive occasions that bring together individuals who have participated in the educational sessions, religious, traditional National-level actions and government leaders and a large number of Social change within communities can be hindered other community members. Often, people from or enhanced by activities at national level and communities that have not been directly involved across national boundaries. As at community in promoting abandonment are invited as a way level, activities at national level should promote of spreading the abandonment movement. Media a process of social change that leads to a shared are typically present and serve to disseminate decision to end female genital mutilation. Activities information about the fact that communities are must engage traditional, religious and government abandoning the practice and to explain the reasons leaders, parliamentarians and civil society why. organizations. Among some populations where female genital Promoting the decision to abandon female mutilation is traditionally accompanied by a genital mutilation includes national activities that ‘coming of age’ ritual, alternative rituals that bring the practice into the public discussion and reinforce the traditional positive values but without debate. The media can play a crucial role both in female genital mutilation, have been pursued. bringing correct information to households and Such approaches have added new elements in the in informing people about positive social change rituals, including education on human rights and that may be taking place in communities. This is sexual and reproductive health issues. Alternative particularly important when discussion of female rites have been found to be effective to the extent genital mutilation is considered taboo. Information that they foster a process of social change by activities should target local needs and concerns engaging the community at large, as well as girls, as well as provide information on a wide range of in activities that lead to changing beliefs about issues, such as human rights including child and female genital mutilation (Chege et al., 2001). women’s rights, facts on female sexual organs and functions and consequences of female genital As with individual families, it is difficult for one mutilation, as well as the ways in which individuals community to abandon the practice if those around and communities can combat the practice. it continue. Activities at community level therefore must include an explicit strategy for spreading Activities must include the review and reform of the decision to abandon the practice throughout laws and policies as well as sectoral measures the practising population. This is typically done by especially within the health, education, social and
17 Eliminating Female Genital Mutilation legal protection systems. A number of countries as well as a patient’s human rights, in line with have enacted specific laws or applied existing international human rights and ethical standards. legal provisions for prohibiting the practice (see Medical practitioners who engage in the practice box below). The effectiveness of any law depends, should be subject to disciplinary proceedings and however, on the extent to which it is linked to the have their medical licenses withdrawn. broader process of social change. Legal measures are important to make explicit the government’s Health service providers must be trained to identify disapproval of female genital mutilation, to support problems resulting from female genital mutilation those who have abandoned the practice or wish to and to treat them. This includes procedures to treat do so, and to act as a deterrent. However, imposing immediate complications, and to manage various sanctions alone runs the risk of driving the practice long-term complications including defibulation. underground and having a very limited impact Defibulation should be offered as soon as possible on behaviour (UNICEF, 2005b). Legal measures (not only during childbirth) since it may reduce should be accompanied by information and other several health complications of infibulation, as measures that promote increased public support well as providing impetus for change. Evidence for ending the practice. suggests that improved birth care procedures according to WHO guidelines (WHO, 2001a, The amendment, adoption and enforcement 2001b, 2001c) can contribute to reducing the risks of laws should be done in consultation with associated with female genital mutilation for both community and religious leaders and other civil the mother and the child during childbirth. society representatives. Mechanisms should be established to review and assess the enforcement of the laws regularly (UNFPA, 2006, 2007c). Responsibility of actors The responsibility for action lies with many players, Ending female genital mutilation and treatment and some of whom are mentioned below; but the care of its adverse health consequences should accountability ultimately rests with the government be an integral part of relevant health programmes of a country, to prevent female genital mutilation, and services, such as safe motherhood and child to promote its abandonment, to respond to its survival programmes, sexual health counselling, consequences, and to hold those who perpetrate psycho-social counselling, prevention and it criminally responsible for inflicting harm on girls treatment of reproductive tract infections and and women. sexually transmitted infections including HIV and AIDS, prevention and management of gender- Governments have legal obligations to respect, based violence, youth health programmes and protect and promote human rights, and can programmes targeting traditional birth attendants be held accountable for failing to fulfil these (who may also be traditional circumcisers). obligations. Accordingly, governments need to take appropriate legislative, judicial, administrative, Medical ethics standards must make it clear that budgetary, economic and other measures to the the practice of female genital mutilation upon maximum extent of their available resources. children or women violates professional standards These measures include ensuring that all domestic
18 Eliminating Female Genital Mutilation Laws for the elimination of female genital mutilation Constitutional recognition of the rights of girls and women Constitutional measures to uphold the rights of women and girls, such as equality, non-discrimination and protection from violence, are critical and can shape the response of governments to eliminating female genital mutilation. Examples applicable to female genital mutilation include: ‘women’s protection from harmful practices’; prohibition of customs or traditions that are ‘against the dignity, welfare or interest of women or which undermine their status’, and abolition of ‘traditional practices’ injurious to people’s health and well-being. Such constitutional protections can provide guidance for drafting laws and policies and for implementing them. They can also require the revision or abolition of laws and policies that are not com- patible with these principles. Criminal laws In some countries, the existing general provisions of criminal codes have been, or can be, applied to female genital mutilation. These may include: ‘intentional wounds or strikes’, ‘assault occasioning griev- ous harm’, ‘attacks on corporal and mental integrity’ or ‘violent acts that result in mutilation or perma- nent disability’. Some governments have enacted laws that specifically prohibit the practice of female genital mutilation, many of which specify the categories of people who are potentially liable under the law. Accordingly, traditional practitioners, medical personnel, parents, guardians and persons who fail to report a potential or already committed crime can be subject to prosecution. The type of penalty also var- ies and includes imprisonment, fines or, in the case of medical personnel, the confiscation of professional licenses. The penalty may differ according to the form of the mutilation, and often increases when this crime is committed against minors or results in death. Child protection laws A number of countries have declared the applicability of child protection laws to female genital mutila- tion, while others have enacted and applied specific provisions for the elimination of harmful practices, including female genital mutilation. Child protection laws provide for state intervention in cases in which the State has reason to believe that child abuse has occurred or may occur. They may enable authorities to remove a girl from her family or the country if there is reason to believe that she will be subjected to female genital mutilation. These laws focus on ensuring the best interests of the child. Civil laws and remedies In countries with adequate mechanisms for adjudicating civil claims and enforcing judgements, female genital mutilation can be recognized as an injury that gives rise to a civil lawsuit for damages or other redress. Girls and women who have undergone female genital mutilation can seek redress from practitio- ners and/or others who participate in such an act. Other laws may be available and utilized to prevent the procedure from occurring in the first place, such as child protection laws. Asylum and immigration regulations It has been widely recognized that gender-based violence, including female genital mutilation, can amount to persecution within the meaning of the refugee definition of the 1951 Refugee Convention and its 1967 Protocol. Regional resolutions and specific national regulations require that women and girls who are at risk of undergoing female genital mutilation in other countries are granted refugee status or complemen- tary forms of protection. Furthermore, in some cases, immigration authorities are required to provide infor- mation to immigrants about the harmful effect of female genital mutilation and the legal consequences of the practice. Some of these regulations contain instructions that such information should be provided in a sensitive and culturally appropriate manner.
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